The Tribunal ruled that delays in the appointment process deprived the applicant of due consideration, warranting notional seniority and pay fixation from the date of the last selected candidate.

ORDER

As Per: Hon’ble Ajay Pratap Sing, Member (Judicial)

Applicant is working as Speech Therapist by means of this application has invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 seeking directions to the respondents to grant notional seniority from the date of last candidate appointed including pay fixation with all consequential benefits including notional increments and benefits under MACP Scheme w.e.f. November, 2016 and to rectify the Board recommendation meeting dated 06.04.2022 along applicant’s joining to 2016 instead of 10.05.2022.

FACTS IN BRIEF

2. The DSSB issued employment notification no. 01/2014 for four vacancies of Speech Therapist in Department of Health and Family Welfare, Department of GNCTD. Out of four vacancies, two for Unreserved, two for OBC category. Applicant belongs to OBC category participated in selection. On 06.01.2016, the DSSSB declared final result and under OBC category two candidates namely Ms-Shilpi Verma and Ms. Upasana Verma were placed in the panel. In the OBC category, applicant was placed in the reserve/wait list Panel as evident from Result notice No.361 dated 06.01.2016.

3. It is also the case of the applicant as set out in the OA that final result was declared on 01.01.2016, but DSSSB sent dossier of Ms. Shilpi Verma placed at serial no.2 in OBC category On 9.9.2016 to user department of Health & family Welfare, GNCTD and respondent no.2 -user hospital and had received on 7.10.2016.

4. Reminders were sent to Ms. Shilpi Verma vide letters date of 19.12. 2016, 28.01.2017, 27.2.2017 and 15.4.2017 and the user-department returned the dossier of Ms. Shilpi Verma to DSSSB vide letter dated 01.06.2017 as after sending four reminders, Ms. Shilpi Verma failed to join the duty till date.

5. Applicant filed O.A No. 2749 of 2017 seeking direction to the respondents to appoint the applicant. This Tribunal vide Order dated 22.9.2020, held that the DSSSB has power to regulate its affairs and are violative of any specific provisions of law and accordingly dismissed the O.A. The applicant challenged the Order dated 22.09.2020 in WP (c)No. 76371 /2020 in the matter of Priyanka Rawat vs. Government of NCT of Delhi and Hon'ble High Court of Delhi and vide order dated 13.12.2021, observed that because of delay on the part of departments, appears to be responsible and chances of applicant though at serial no.1 in waitlist, got marred as DSSSB sent dossier on 09.06.2016, first reminder to Ms. Shilpi Verma only on 19.12.2016 ad followed by reminder on 28.1.2017, 27-2-2017 and 15.4.2017. The respondents taken time to revert and vide order dated 08.07.2022, Hon'ble High Court of Delhi vide Order dated 08.07.2022 observed that Order dated 07.04.202.2, has been complied with and applicant has already been appointed and jointed duty and Their Lordships disposed off the petition, in view whereof, no further orders were called for.

6. The DSSSB have taken decision to nominate the applicant and not done rectification of date of joining and the applicant was given an offer of appointment on 10.5.2022, and applicant’s last counterpart Ms. Upasana Verma joined in year 2016. The applicant is seeking notional seniority from the date of last candidate was appointed with all benefits, including pay fixation with all consequential benefits including notional increment and benefits under MACP w.e.f. November, 2016 and treat joining date i